I-485 Request for Initial Evidence Issues

B

bmer

New Member
Hello,
I am Canadian citizen and married a US citizen last month. I was working here on a H1B visa that had expired in June 2008. I continued to work for the past year even though I was out of status and did not apply for an extension. I submitted my application last month and received Biometrics appointment with two weeks. Today I received a request for initial evidence in the mail. My wife and I have a one year old son and her income is not sufficient for the affidavit of support, so we also included my income as well. The RFE requests my income tax documentation for the most recent year which was submitted with the original application. It also requests proof of my income (letter of employment and pay stubs for past 6 mos). I did submit a letter of employment on company letterhead stating my position, salary and confirmation of employment going forward, however I did not submit pay stubs. And the third request is that for my income to be included it must be from a lawful source and earned while I was authorized to work in US. My income is from a lawful source but for the past year I have not been authorized to work.

Any ideas of how to proceed? I have yet to hire an attorney, but I think its time to get some legal advice. Any thoughts would be greatly appreciated.
Thanks
 
I have a follow-up question to my situation. My wife makes about $16500 a year, and since we have a child, the minimum requirement for a houshold of 3 is about $22600. That puts us about $6000 short and in order to use our assests we would need to show proof of about $30000 worth of assests to cover the difference. I have an etrade account worth about $40000, does anyone know if we can use this as an assest without using my income, since I am not authorized to be working in the US right now? If we can use this, should we resubmit the entire form I-864 to replace the initial I-864 we submitted?
Thanks again
 
Yes, you can use the ETrade account, and yes you should submit a new I-864 with your response to the RFE, excluding your income and including your stock account and wife's income.
 
To reach IO at 1800-375-5283

Hi:
I recently tried to reach IO thru' their phone number and not found any way to reach any customer service or superviser...?
Can you please help me to find what options should I take, as looks like now options are little changed from 1-2 yrs ago..

Thanks in advance.

seeklabor.
 
OK so I resubmitted my I864 with my wife's income and my etrade account to supplement her income. I even sent a letter stating I was omitting my income and just using her income and our assets to supplement her income. Our combined assets(her bank accounts and my etrade) totaled over $50K. Her income is $5000 short of the 125% poverty line. I just received another request for evidence today stating the sponsor's income does not meet the 125% and in order to process the application we need to submit evidence of assets that meet the federal poverty line or obtain a joint sponsor. At the very bottom is handwritten 'please obtain a joint sponsor'. When I resubmitted the I864 I sent all her income tax forms, her most recent bank statement and my most recent etrade statement. Can anyone explain why this was not sufficient to meet the income requirement? Am I missing something here?
 
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